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Cold Case Review of Sophie Tuscan du Plantier murder to proceed

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Comments

  • Registered Users, Registered Users 2 Posts: 12,770 ✭✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    you’re assuming premeditated murder then - for O’Reilly certainly- but for Bailey? I really can’t get myself into that zone.



  • Registered Users, Registered Users 2 Posts: 4,504 ✭✭✭chicorytip


    That's what I'm saying as well with regard to Bailey. It's something he would not have set out to do but could have occurred subsequently but maybe not, given the mysterious burning of certain items by him on Christmas Eve.



  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭jesuisjuste


    She smelled a fire over the Christmas period, wow. You're gonna hang no doubt on that. Have you ever stuck your head out a window in winter, or taken a walk?

    I didn't see a fire, I didn't hear a fire, I smelled it your honour, and my nose was able to pick out the location of said fire.

    As if.

    It wouldn't even be permissible in a trial, let alone beyond reasonable doubt. You're really scraping the barrel here @tibruit



  • Registered Users, Registered Users 2 Posts: 199 ✭✭Ms Robini


    Where a fire is burning on private property to the rear of a dwelling, you would expect that passers by are far more likely to be aware of the fire through smell rather than having sight of the fire as the latter would require the passer by to be on the property either by invitation or to trespass on private property.

    There is nothing unusual at all about a passer by in those circumstances giving a statement to the Gardaí and in court about their awareness of a fire and of having become aware of the fire while passing by the property and through their sense of smell. This is entirely logical and I would say it is a universal experience to be able to detect the presence of a fire burning even if you don’t see it given your sense of and ability to smell fire - which is one of the most recognisable scents in the world.

    There are multiple witnesses who have independently given evidence that they detected a fire burning behind the studio shortly after Christmas Day 1996/on or about 26 December 1996.



  • Registered Users, Registered Users 2 Posts: 8,344 ✭✭✭Wompa1


    I know but she was also the victim of abuse and was still living with and in a relationship with Bailey when the murder happened and for years after. He had influence.



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  • Registered Users, Registered Users 2 Posts: 244 ✭✭Baz Richardson


    A fire that the guards stated had nothing of evidentiary value in it, why do I have to constantly point this out here?

    So somebody smelt a fire that months later they thought was around Christmas that could have been local or could have been a mile away and carried by the wind. Not exactly compelling evidence that Bailey burnt clothing and boots is it.



  • Registered Users, Registered Users 2 Posts: 244 ✭✭Baz Richardson


    What influence does Bailey have today? What influence did he have over her daughters that hated him, yet they gave evidence supporting his version of the scratches?

    Her or her daughters could simply say whatever they like, yet they have not done so.



  • Registered Users, Registered Users 2 Posts: 1,531 ✭✭✭tibruit


    They don`t think he did it. Why would they make up something to incriminate him? As much as someone might hate somebody, it takes a really bad egg to make up something that would incriminate a person for murder. The same logic applies to all the witnesses. The majority of people wouldn`t do it.

    There are always one or two bad eggs and the problem with yourself and others here is that you think all the witnesses that indicate Bailey`s guilt are bad eggs and most of the Gardaí. That is patent nonsense.

    The family also weren`t happy with how they were treated by Gardaí and Bailey turned the whole thing into an "us against them" affair. It`s hard to break down siege mentality.



  • Registered Users, Registered Users 2 Posts: 272 ✭✭PolicemanFox


    Oh I understand what she saying. But you can't say it is beyond doubt, it is full of inconsistencies. She had every chance to tell the Gardai about this at the time and many times since then but she didn't. Her father made his statement on the same day as her on 07/02/97 in their house. She made further statements in June and in 2002 and never mentioned the fire. The story is full of inconsistencies. Her mother made no mention of the fire, and yet she says she discussed it with her mother. Her father said the Gardai were the ones that brought up the fire in the first place. He said he remembered it "around Christmas" but his wife did not. This fits because the Gardai took a statement from Ursula about her own rubbish fire on the 10/02/97. Surely she would have mentioned the fire at Christmas. After all she is supposed to have discussed it with her daughter because it was so unusual?

    I have no doubt of her sincerity, I am sure she would swear on a stack of bibles if asked. But memory can be untrustworthy, especially when people are keen to help the police, and the police are keen to make a certain case. If this is your standard of "beyond doubt" then I don't know, please don't serve on a jury.

    It's not impossible that there was a fire at Christmas, but if it was at Christmas, then a mattress was burned. If so, then Jules Thomas knew because she told the police she burned a mattress during her interrogation.

    Again we come back to the point. If Bailey is the culprit, then Jules Thomas would know. The Gardai tried to make the case that Jules Thomas was covering for Ian Bailey. They believe Bailey burned clothes, boots and a mattress in this fire. They wanted to find evidence that the fire was at Christmas, and they set about getting statements to show this. That's the Garda view.

    My view is that I think it is much more straightforward to see Jules Thomas as simply telling the truth and the reports of a fire at Christmas as mistaken. I don't think it makes much sense to burn papers and a mattress when all you need to burn is a few bloody clothes and boots. The pictures makes it clear it was a big fire, much bigger than needed.

    But you're saying that Jules Thomas didn't know about a fire at Christmas. You're saying she burned a mattress a few weeks earlier, and that Ian Bailey relit the same fire and then burned his bloody clothes, boots, as well as a bit more of the mattress that didn't burn so that Louise Kennedy saw it. And because he was seen with his long black coat on the 31st December, he must have burned his first long black coat in the fire on St Stephen's Day. So two fires and two coats.

    This does not make sense.



  • Registered Users, Registered Users 2 Posts: 1,531 ✭✭✭tibruit


    "A fire that the guards stated had nothing of evidentiary value in it"

    They were wrong to think that. One reason was that they were convinced Bailey was wearing the long black coat on the night. The only evidence for this was Marie Farrell and they obviously believed her Kealfada story at the time.

    "So someone smelt a fire……Not exactly compelling evidence…"

    It is easy isolate one piece of evidence and nit pick about it. It is a constant here and some are unable to get to grips with the fact that there is a bigger picture. But each piece is a brick in a wall and there comes a tipping point. Two people smelled and/or heard the fire, one other saw it on a specific date. Forensics claim they found remnants of boots, a coat and jeans in the fire.



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  • Registered Users, Registered Users 2 Posts: 12,770 ✭✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    "A fire that the guards stated had nothing of evidentiary value in it"

    They were wrong to think that

    and the problem with yourself and others here is that you think all the witnesses that indicate Bailey`s guilt are bad eggs and most of the Gardaí. That is patent nonsense.

    So now the Gardai are wrong and you’re right- not to mention your post above where everyone else here is wrong and you’re right.

    I don’t at all think that all the witnesses are “bad eggs”- they have all given testimony that has been changed and revised in many cases at the bequest of the Gardai - some have given “evidence” years after the event - it’s absolute common sense to say that such testimony is quite unreliable but it’s also recognised that the people providing such evidence believe what they are saying - the two concepts and be held true at the same time - there’s no ill will to those people



  • Registered Users, Registered Users 2 Posts: 38,137 ✭✭✭✭odyssey06


    Is it a wall or is it a tipping point?

    If each 'brick' cannot bear the weight being put on it, then when the tipping point comes it collapses.

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Registered Users, Registered Users 2 Posts: 1,531 ✭✭✭tibruit


    "But memory can be untrustworthy."

    Not in Delia`s case if she was only home from London for a few days over Christmas. No confusion about where or when there.

    "if it was Christmas, then a mattress was burned."

    I`m a country dweller and I`ve burned a few mattresses in my time back when it was normal to do so. It could take months and three or four attempts to burn it out fully.

    "you`re saying she burned a mattress a few weeks earlier."

    I don`t know that at all.

    "And because he was seen with his long black coat on the 31st of December, he must have burned his first long black coat in the fire on St Stephens Day."

    I don`t know if he had another black coat specifically. The only reason that a black coat is associated with the murder is Marie Farrell`s Kealfada story and that episode is under serious question at this stage although I would have little doubt that the Gardaí believed her at the time. But a coat was burned in the fire and the Gardaí should have known better than to think he would have been out and about over Christmas in a coat that he wore on the night of the murder.

    "So two fires and two coats."

    I don`t know that there was two fires but there was clearly one that Christmas time. He may have had a number of coats.

    "This does not make sense."

    Well it ain`t rocket science.



  • Registered Users, Registered Users 2 Posts: 1,531 ✭✭✭tibruit




  • Registered Users, Registered Users 2 Posts: 38,137 ✭✭✭✭odyssey06


    Translation - you have no coherent response after your nonsense point was challenged.

    You were the one who came out with nonsense about bricks and tipping points, not me.

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Registered Users, Registered Users 2 Posts: 1,531 ✭✭✭tibruit


    Imagine that wall is being built on one side of a giant weighing scales then. And yourself, the great defender of judicial procedure and the rest who nit pick at pieces of evidence in isolation are all standing together on the other side. Every brick in that wall undermines your side further and we are way beyond the tipping point at this stage. I hope that clarifies it for you.



  • Moderators, Politics Moderators, Paid Member Posts: 45,521 Mod ✭✭✭✭Seth Brundle


    It is easy isolate one piece of evidence and nit pick about it. It is a constant here and some are unable to get to grips with the fact that there is a bigger picture.

    But you have done just that - you believe that because he was violent towards Jules, then he managed to escalate this into murder (and yet he never seems to have repeated that behaviour towards anyone else)

    Forensics claim they found remnants of boots, a coat and jeans in the fire.

    When? Are you referring to what Gilligan said on the telly? Was his TV disclosure done in an official capacity? Why did he not have these pieces of forensics included in the DPP submissions?
    Again, if they found remnants of boots, a coat and jeans in the fire, were they forensically analysed and if so, what was found that links Bailey to the murder?

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  • Registered Users, Registered Users 2 Posts: 272 ✭✭PolicemanFox


    I know that "tipping point" argument sounds reasonable, but the legal standard is that beyond reasonable doubt applies to every element of evidence. This means that if there is a doubt, the defendant must be given the benefit of the doubt.

    Now, of course Ian Bailey is dead now and you can say the legal standard doesn't apply anymore, there never will be a trial. However this thread is about the Cold Case review. The DPP is on the hook to say whether they would have issued instructions to charge or not, so the legal standard still applies for this decision.



  • Moderators, Politics Moderators, Paid Member Posts: 45,521 Mod ✭✭✭✭Seth Brundle


    I dont know if he had another black coat specifically. The only reason that a black coat is associated with the murder is Marie Farrells Kealfada story and that episode is under serious question at this stage although I would have little doubt that the Gardaí believed her at the time. But a coat was burned in the fire and the Gardaí should have known better than to think he would have been out and about over Christmas in a coat that he wore on the night of the murder.

    In reality, the only person who we do know who was in the vicinity that night was Farrell. We also know that her husband had assaulted someone. Now I'm not suggesting that either of them were involved, but using your logic and assumptions then they must have done it.

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  • Registered Users, Registered Users 2 Posts: 38,137 ✭✭✭✭odyssey06


    No, clearly I had it right the first time:

    If each 'brick' cannot bear the weight being put on it, then when the tipping point comes it collapses.

    Each piece of evidence must be tested.

    But you have one part right, at least some of us here care for judicial procedure, matters like innocent until proven guilty and the reason for such safeguards being to avoid miscarriages of justice - something you show zero concern for as you try to ignore the abundant documented evidence of unsafe Garda conduct in this case.

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



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  • Moderators, Politics Moderators, Paid Member Posts: 45,521 Mod ✭✭✭✭Seth Brundle


    So then you must be in agreement with the DPP's report which looked at each item of "evidence" submitted by AGS and discredited it completely? Your "wall" has been built using sand!!!

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  • Registered Users, Registered Users 2 Posts: 304 ✭✭Zola1000


    You never came back on my comments I believe there was fire too. Do we have drawings of it? I'm finding your posts very informative.

    So IB was mastermind..committed brutal murder and not leaving a shred of evidence at scene..but somehow afterwards leaves a trail of it. Scratches on his hands forehead , lit fires to get rid of evidence. Said he committed it to others..I mean it all ads up. He was genius ,carry out murder rake of drinks walking in night ..and next few days then he's sober and it all unravels..maybe he forgot how good he was carrying it out drunk..and realised he was no good at hiding evidence sober.

    He should have continued to keep drinking....to keep it going..oh wait he never stopped drinking. I'm confused...is he a mastermind to carry it all out or maybe he's just..lucky...still with scratches up his arms .what kind of jacket did he use. Maybe gillet. Others say car at scene for gate to be fully open. You reckon bailey spring cleaned the car in night..some going and used it next day at scene..columbo wouldn't solve this.

    Bailey still wrote article cleaned himself all up. Lit fires and had coffee , reported on crime scene. He should have done more seems suspicious to me.



  • Registered Users, Registered Users 2 Posts: 244 ✭✭Baz Richardson


    You missed the context, the OP said influence.



  • Registered Users, Registered Users 2 Posts: 12,770 ✭✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    Not quite - each brick is infected with pyrite - it appears to stand on its own until time and some level of scrutiny is placed on it- then it collapses



  • Registered Users, Registered Users 2 Posts: 1,531 ✭✭✭tibruit


    It is very likely that Farrell was tucked up in her bed with her hot water bottle that night.



  • Registered Users, Registered Users 2 Posts: 244 ✭✭Baz Richardson


    Forensics? Perhaps you missed my earlier response to that repeated claim that you make here. I will repeat it for you:

    He bought bleach to burn clothes?

    There is no witness testimony that Bailey burnt boots, a coat and jeans. We have testimony from Jules that she emptied out the studio some time before and burnt things from it.

    Is bleach useful for a bonfire in someway that I am not aware of?

    Can you point out any witness that saw Bailey burn anything?

    Can you point me to any forensic report that the remains of the bonfire contained, "boots, a coat and jeans"?

    Can you explain why the guards stated that the bonfire contained nothing of evidentiary value if it contained, "boots, a coat and jeans"?



  • Registered Users, Registered Users 2 Posts: 304 ✭✭Zola1000


    Im wondering if bailey was man she picked up. He would have been freezing out at that time..and some were saying he had no clothes on. And she gave him lift back..it makes sense. He made coffee wrote an article while chatting away with Marie. She headed off home but thought it was suspicious he was putting on fire in back yard but thought nothing of it.



  • Moderators, Politics Moderators, Paid Member Posts: 45,521 Mod ✭✭✭✭Seth Brundle


    So you contentedly dismiss people who claim to have been in the area and assume the worst of someone who has consistently denied being in the area. Wonderful fact checking there!

    Using your wall nonsense, you look to criticise people who seek a fact based investigation and happily create your own set of events.

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  • Registered Users, Registered Users 2 Posts: 1,531 ✭✭✭tibruit


    The violence towards Jules is only one aspect of it. I quoted from his diary in a reply to you last night where he expressed a desire to kill multiple people and went on to describe how he would do it. He didn`t plan to shoot, stab or suffocate them. He said he would stub them out like cigarette ends. Very prophetic words. People should keep those words in mind when they look at photos of Sophie`s head and facial injuries.



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  • Moderators, Politics Moderators, Paid Member Posts: 45,521 Mod ✭✭✭✭Seth Brundle


    Those words are not an indication of anything unless you want them to be. You are assuming he is guilty and so are reading intent to kill here. You have no idea of his state of mind here, his sobriety, what he was thinking. You simply want them to be a confession made several years before the event.

    In reality, it's more of the crap he wrote while convincing himself that he had the potential to be a good author.

    Moreover, the gardai thoroughly searched his belongings via search warrant. These diaries obviously weren't deemed to be of any value until two and a half decades later when the gardai took them from his car after he had died.

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